Loading...
PVAC Minutes 03/03/2008 R March 3, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Naples, Florida, March 3, 2008 LET IT BE REMEMBERED, that the Collier County Public Vehicle Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:30 A.M. in REGULAR SESSION at the Collier County Development and Environmental Services Building, 2800 N. Horseshoe Drive, Conference Room #609, Naples, Florida, with the following members present: CHAIRMAN: Tony Marino Russ Berghuis Reg Buxton Tom Lugrin Randall Smith Steven Quinn, alternate (excused) ALSO PRESENT: Michelle Arnold - Code Enforcement Director Michaelle Crowley - Code Enforcement Investigator Evelyn Trimino - Code Enforcement Operations Supervisor Marlene Serrano - Code Enforcement Investigative Supervisor Kitchell Snow - Code Enforcement Investigator Brittany Ervin, Code Enforcement Jeff Wright - Assistant County Attorney COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE AGENDA Date: March 3, 2008 at 9:30 A.M. Location: Collier County Community Development Services Building, 2800 N. Horseshoe Dr, Naples, FL, Conference Room # 609 I 610 NOTICE: PERSONS WISHING TO SPEAK AT THE MEETING NEED TO COMPLETE A "REQUEST TO SPEAK" FORM. SPEAKERS MAY BE LIMITED TO THREE (3) MINUTES FOR DISCUSSION UNLESS ADDITIONAL TIME IS GRANTED BY THE COMMITTEE. ALL PARTIES PARTICIPATING IN THE PUBLIC MEETING NEED TO SPEAK ONE AT A TIME AND STATE THEIR FULL NAME AND COMPANY THEY REPRESENT, IF APPLICABLE, SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEASE ENSURE ALL PAGERS AND CELL PHONES ARE OFF OR IN A QUIET POSITION. 1. CALL TO ORDER A. Roll Call 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES: February 4,2008 4. COMPLAINT REPORT -- Michaelle Crowley 5. NEW BUSINESS A. New Applications 1. Paradise Airport Rides - New CTO. 2. SW Cab -- New CTO. 3. American Taxi - New CTO. 4. Gulfcoast Trans& Limo-New CTO Owner: Elius Merisnor Owner: Jean B. Aristil Owner: Pierre Jean Louis Owner: Manuel A. Reyes 6. OLD BUSINESS A. Issues brought up by VFH Industry in regards to MBA B. Change dates for CTO renewal process C. Independent Operators wrongly classified by employers 7. SPEAKERS 8. NEXT MEETING DATE: April 7, 2008 9. ADJOURN March 3, 2008 I. Call to Order The meeting was called to order by Chairman Tony Marino at 9:34 A.M. a. Roll Call Roll call was taken and a quorum established. II. Approval of Agenda Russ Berghuis moved to approve the Agenda. Second by Reg Buxton. Carried unanimously, 5-0. III. Approval of Minutes: February 4, 2008 Tom Lugrin moved to approve the minutes of February 4,2008 as presented. Second by Randy Smith. Carried unanimously, 5-0. IV. Complaint Report (Handout) Michaelle Crowley went over the distributed report with the Committee: . There were 68 patrol cases and 8 citizen or industry complaints handled. . Eleven businesses had not renewed CTO and, based on site visit investigations, were determined to be out of business. . Three businesses - status still questionable . Four businesses with late renewals or not-yet submitted renewals . Three businesses with new co-owner packets due . Two cases with $500 fines for no Driver 1D and/or no CTO V. New Business Evelyn Trimino presented the following applications which have been recommended by Staff for approval. A. New Application: 1. Paradise Airport Rides - Request is for new CTO. Applicant is Elius Merisnor, who was not present. Action on Application tabled. 2. S.W. Cab - Request is for new CTO Applicant is Jean Baptiste Aristil, who was present. Staffreported that Fictitious Name has now been submitted. Insurance and Class 9 verification to be assured pending approval. Russ Berghuis moved to approve the application. Second by Reg Buxton. Carried unanimously, 5-0. 3. American Taxi - Request is for new CTO. Applicant is Pierre Jean Louis, who was present. Insurance is pending approval. Home occupation explained. All other conditions have been met. Tom Lugrin moved to approve the application. Second by Reg Buxton. Carried unanimously, 5-0. 2 March 3, 2008 4. GuIfcoast Airport Transportation & Limo Service - Request is for new CTO. Applicant is Manuel Antonio Reyes, who was present. Home occupation requirements were explained. Russ Berghuis moved to approve the application. Second by Reg Buxton Carried unanimously, 5-0. VI. Old Business A. Issues brought up by VFH Industry in regards to MBA No representatives of the Vehicle for Hire Industry or of MBA were present. The Committee passed on this item. Parties may ask to be heard at another time. B. Change Dates for CTO renewal Process Evelyn Trimino explained that requests had been put forth for discussion to have decal renewal dates changed to an off-season date. Renewal notices are currently sent out in October with a January 31 deadline Only five companies renewed in November, 85% renewed in January and of those, ten renewed on the final day. Discussion and suggestions were made to move the date of decal renewal deadlines back, with notices to go out two months prior to that date. Also noted was a speed-up in the process for new hack licenses, which increase at years end. Michelle Arnold stated her department has no problem with changing the dates. However, that action would entail an Ordinance change. Randy Smith moved to request the Board of County Commissioners to amend the Ordinance to affect a change in the decal renewal dates. Effective dates to be changed from February 1" through January 31" to December 1st through November 3(/'. Notices of renewal will be sent out in August rather than October. Second by Tom Lugrin. Carried unanimously, 5-0. Michelle Arnold proposed the Committee discuss Driver ID renewals also and suggested moving the driver ID renewals to every two years rather than every year. Discussion followed regarding pros and cons. Reg Buxton moved to recommend to the Board of County Commissioners to amend the Ordinance to affect a change in Driver ID renewals from every year to every two years. The amendment to take place along with the change to decal renewal dates. Second by Russ Berghuis. Carried unanimously, 5-0. C. Independent Operators wrongly classified by employers Randy Smith brought up the issue of the IRS classification by employers of independent drivers and whether they are considered employees or truly independent regarding safety issues and coverage under Workers Compensation. 3 March 3, 2008 His points were: . The responsibility of PV AC being charged with the safety of the Public. As such, should oversee safety of drivers as well as the general Public as they are part of the Public. . The incidences of court cases where companies were sued 300 million dollars in an audit going back several years, for incorrectly categorizing employees as independents . Independent drivers do not have Workers Compensation coverage- pay more in taxes and have no unemployment coverage. . If they operate a company's equipment and under a company's rules IRS determination is they are employees . If they work for multiple companies, are under those companies control and use thcir equipment or lease one to them, they are basically employees. . Safer to make them prove to Code Enforcement if they are employees, not independents. Protect companies and drivers from IRS lawsuits. Michelle Arnold noted the County was responsible for insuring that drivers drive safely, are licensed and meet certain standards, not determine the companies' policies. It may be an IRS problem; not a County one. During the discussion, it was brought out that the IRS had 17 criteria to determine if a person was an independent or not. Eighty percent of drivers, mostly taxis, are independent. The industry may not need or want more regulation from PV AC. Randy Smith moved to approve a recommendation to the Board of County Commissioners to request staff to look into whether or not PV AC can oversee the safety and welfare of drivers, in regards to employee status versus independ- ent operator status. Second by Tom Lugrin. Carried unanimously, 5-0. VII. Speakers: Bill Duzen, Unlimited Airport Rides brought to attention of the Public Vehicle Advisory Committee that he had noticed in the phone book that companies are advertising without their certificate numbers published in the ads, as required. Michelle Arnold responded that although the ads cannot be changed once they are published, the staff will be sending out letters to those who are not using their certificate #'s in ads, that they will be served a citation for an infraction of the Ordinance. All companies must have their license numbers in ads and on vehicles as a protection to the public. Michaelle Crowley had sent out 49 letters, in February of 2007 when the yellow pages came out, informing all companies doing business in Collier County of the requirement that certificate numbers must be in all ads. She added that in the new software program in place this year, everyone's certificate number has changed. 4 March 3, 2008 Therefore, it won't be until the next date for Yellow Page ads before the new certificate number will be shown. Citations will be sent out at that time to those companies not in compliance. Discussion followed on ways and methods to enforce the Codes and Ordinances, copies of which are issued with the Certificates to Operate (CTO.) Also discussed was issue of hiring drivers with short term work permits and temporary licenses. As long as hiring requirements were followed, it was determined that hiring practices would be up to the company owners' discretion. VIII. Next Scheduled Meeting Date is April 7, 2008 - 9:30 A.M. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:25 A.M. COLLIER COUNTY PUBLIC VEHICLE ADVISORY COMMITTEE Chairman, Tony Marino These minutes approved by the Board/Committee on or as amended , as presented 5